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MATTER OF TOPPER v. COHEN'S BAKERY

295 A.D.2d 872 (2002)

744 N.Y.S.2d 260

In the Matter of the Claim of JAMES TOPPER, Respondent, v. AL COHEN'S BAKERY et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided June 27, 2002.

Peters, J.

Claimant applied for workers' compensation benefits asserting that he was injured in a motor vehicle accident during the course of his employment as a delivery person for Al Cohen's Bakery (hereinafter Cohen). Cohen controverted the claim, contending that claimant was an independent contractor and not an employee. Following a hearing on the issue, a Workers' Compensation Law Judge held that claimant was an employee of Cohen and awarded benefits. Upon review...

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